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Home My WebLink About04-1283 , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW VERIZON DIRECTORmS CORP. Plaintiff No. 04 -1.< In n /r....... !pn W"l ~..:J L/~(.'l... =<...; I VS. CLYDE BACHERT and HARRISBURG TMaCAB AND BAGGAGE COMWANY trading as Harrisburg, Taxicab & Baggage Co. Defendant CIVIL ACTION NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEYS AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street CarlisIe, PA 17013 (717) 249-3166 :V~ATOAO~ Ronald Amato, Atty 10 #32323 Michael Kennedy, Atty 10 #72412 Michael Lessa, Atty 10 #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES, CORP. Plaintiff No. C:J./- (],~~L '-r~ vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendant(s) COMPLAINT The above Plaintiff brings this action against the above Defendants to recover the sum of $68,380.54, with interest thereon as hereinafter stated, upon the following cause of action: 1. The Plaintiff, VERIZON DIRECTORIES, CORP., is located at 35 Village Road, Middleton, Massachusetts. 2. The Defendant, CLYDE BACHERT individually and trading Harrisburg, Taxicab & Baggage Co. is located at 50 Market Street, LEMOYNE PA 17043. 3. The Defendant, HARRISBURG TAXICAB AND BAGGAGE COMPANY doing business as Harrisburg, Taxicab & Baggage Co. is located at 50 Market Street, LEMOYNE PA 17043. COUNT I Breach of Contract 4. Plaintiff is engaged in the publishing business and publishes a telephone directory known as the Verizon Yellow Pages. Steven K. Bainbridge, Esquire PA Attorney I.D. 91018 Post & Schell, P.C. 17 North Second Street, 12th Floor Harrisburg PA 17101-1601 (717) 612-6013 (717) 731-1985 (fax) sbainbridge@postschell.com Verizon Directories Corp., Plaintiff IN THE COUHT OF COMMON PLEAS OF CUMBERILAND COUNTY, PENNSYLVANIA v. Docket No. 04 - 1283 Civil Clyde Bachert, and Harrisburg Taxicab & Baggage Company Defendants Civil Action - L.aw Jury Trial Demanded MOTION TO MAKE RULE ABSOLUTE FOR PETITION TO WITHDRAW APPEARANCE 1. On June, 7, 2005, The Law Firm of Killian & Gephart, LLP, and Steven K. Bainbridge, Esquire, (previously of The Law Firm of Killian & Gephart, LLP and now with the law firm of Post & Schell, P.C.) petitioned this Honorable Court for leave to withdraw our appearances on behalf of Defendants. A true and correct copy of the Petition to Withdraw Appearance is attached hereto as "Exhibit A" and is incorporated herein by reference. 2. On June 10, 2005, this Court issued a Rule upon all parties to show cause why the relief requested in the Petition to Withdraw Appearance ought not to be granted. The Rule was returnable within ten (10) days alter service. A true and correct copy of the Rule is attached hereto as Exhibit "B" and is incorporated herein by reference. 3. On June 21, 2005 Attorney Bainbridge served a copy of the Rule to Show Cause upon all parties. A true and correct copy of the cover letters accompanying the Rule are attached hereto as Exhibit "C" and are incorporated herein by reference. The Rule is therefore returnable to the Court to be made absolute ten (10) days from the date of service, June 21,2005, which is July 1,2005. 4. Neither Plaintiff Verizon Directories Corporation, nor either of the Defendants, Clyde Bachert and Harrisburg Taxicab & Baggage Company, (Clyde Bachert is President of Harrisburg Taxicab & Baggage Company) have responded to the Rule as of July 5, 2005. 2 WHEREFORE. The Law Firm of Killian & Gephart, LLP, and Steven K. Bainbridge, Esquire, hereby request that this Honorable Court make the Rule absolute and grant their Petition to Withdraw Appearance on behalf of Defendants Clyde Bachert and Harrisburg Taxicab & Baggage Company. Respectfully Submitted, Dated: ~~\'1 C;lcDbS POST & S ~ Steven K. Bainbridge, Esquire PA Attorney 1.0. # 91018 17 North Second Street 1 ih Floor Harrisburg PA 17101-1601 (717) 612-6013 (717) 731-1985 (fax) sbainbridge@postschell.com 3 iJ? .- o ...-". ","".e' '-"0 G.'J:. l,.l:~ ~_~ (,10 QO:: ri.J.C>- 11'" IS '6 - - .:;. ~ c- r \ -' ? -. .g ~ '0 '"1: ::)4'-., '~3'~: ..~ 1~)~..1 .~, z;-:) '_"i'Z; '\~i~ <Cj () l1" ,."....,...",,' .,..,<", RECEIVED JUN 0 8 200S~ '~_ I D m@[gD\Ylfj G~ , By ,~- ~ [~..., , " ,>;,:,.>~;,;~~_i.(\~f;;' 'r' ,~,.,l!~,.~~'l~:" ""~~~~If,;iJ::i Verizon Directories Corp., Plaintiff IN THE COUFn OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Docket No. 04 - 1283 Civil Clyde Bachert, and Harrisburg Taxicab & Baggage Company Defendants Civil Action - L.aw Jury Trial Demanded ORDER AND NOW, upon consideration of the Petition to Withdraw Appearance, the appearances of Killian & Gephart, LLP and Steven K. Bainbridge, Esquire on behalf of Defendants Clyde Bachert and Harrisburg Taxicab & Bagllage Company are hereby WITHDRAWN. Steven K. Bainbridge, Esquire will promptly serve a copy of this Order on the Defendants and counsel for Plaintiff. J. Distribution: Steven K. Bainbridge, Post & Schell, 17 N. 2nd St., 12th FI., Harrisburg PA 17101 Steven K. Bainbridge, Esquire P.A. Attorney 1.0.91018 17 North Second Street 12th Floor Harrisburg PA 17101-1601 (717) 612-6013 (717) 731-1985 (fax) sbainbridge@postschell.com () ...., c = ~ = ""t,$:" .", mCo "-c.- ~~ z':.{f ~ /.?:s (J) '. , ;::s":: ~ "C'} ..... $=c ..." ~~ ,."~, (--' :x J;. 'oj 5e - .. ~ ~ w w -< Verizon Directories Corp., Plaintiff IN THE COUIRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Docket No. 04 -1283 Civil Clyde Bachert, and Harrisburg Taxicab & Baggage Company Defendants Civil Action - Law Jury Trial Demanded PETITION TO WITHDRAW APPEARANCE 1. The Law Firm of Killian & Gephart, LLP, and Steven K. Bainbridge, Esquire, (previously of The Law Firm of Killian & Gephart, LLP and now with the law firm of Post & Schell, P.C.) hereby petition this HonorablE! Court for leave to withdraw our appearances on behalf of Defendants. } 2. The whereabouts of the parties on whose behalf the appearance was entered, Defendants Clyde Bachert and Harrisburg Taxicab & Baggage Company, are known: Clyde Bachert, Jr. Harrisburg Taxicab & Baggage Company 1130 Chambersburg Rd. Gettysburg, PA 17325 3. Steven K. Bainbridge. Esquire represented Defendants while employed at Killian & Gephart in this breach of contract claim involvin!g $39,000 in phonebook advertising charges from 2000 and 2001, as well as $28,000 in interest and penalties. 4. When attorney Bainbridge moved from KiIIi;an & Gephart to Post & Schell on March 1, 2005, Defendants choose to transfer representation to Post & Schell, P.C., but have since declined to do so. 5. Post & Schell has not entered its appearance in this matter. 6. The case presently stands where the Defendants have stipulated to a Judgment of $10,000, and upon full payment, the Plaintiffs will dismiss this matter. 7. Given that Plaintiff will move to enforce the stipulated judgment if payment is not made, withdraw of our appearances will not delay this proceeding. 2 8. If this Honorable Court grants leave to withdraw, Steven K. Bainbridge, Esquire will promptly serve the Order granting leave to withdraw on Defendants and counsel for Plaintiff. 9. The Court empowered to grant leave to withdraw our appearances pursuant to Pa.R.C.P. 1012(b), (c), and (d). WHEREFORE, The Law Firm of Killian & Gephart, LLP, and Steven K. Bainbridge, Esquire, hereby request that this Honorable Court grant leave to withdraw our appearances on behalf of Defendants Clyde Bachert and Harrisburg Taxicab & Baggage Company. Respectfully Submitted, >>l~ Steven K. Bainbridge, Esquire PA Attorney 1.0. # 91018 17 North Second Street 12th Floor HarrisbuIY PA 17101-1601 (717) 61.!-6013 (717) 731-1985 (fax) Sbainbrid~stschell.co ~ "() ODS Dated: \ "().i I L. J e A Att ey 1.0. # AS-I:, 7- 3 Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisbull~ PA 17108 (717) 232-1851 (717) 238-0592 (fax) jpenny@~;illiangephart.com 3 ) CERTIFICATE OF SERVICE I, Steven K. Bainbridge, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Ronald Amato Amato and Margie, P.C. Suite 100, Commerce Square 107 North Commerce Way Bethlehem, PA 18017-8930 Clyde Bachert, Jr. 1130 Chambersburg Rd. Gettysburg, PA 17325 R"lA~' Date: ~t-1 l \ 1,\)t)<S Steven K. Bainbridge, Esquire 4 ) ) VERlZON DIRECTORIES CORP. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-1283 CIVIL CLYDE BACHERT, and HARRlSBURG TAXICAB & BAGGAGE COMPANY, Defendants JURY TRIAL DEMANDED IN RE: PETITION TO WITHDRAW APPEARANCE OF KILLIAN & GEPHART, LLP AND STEVEN K. BAINBRlDGE, ESOUIRE ORDER AND NOW, this '0 . day of June, 2005, a rule is issued on all parties to show cause why the relief requested in the within petition to withdraw appearance ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, Ad- A. Hess, J. ,,~ ~ @ . @ & D W!fj .... ~-,' J J 5 2005 L. :::" fJy ,-'---".!;i#Y'~::'-:~:\1i:i:~Et~ ~ ".. . 1 -. -- .....~_.. - :----....,~~. P. oSf:\ SCHE~~ ATTORNEYS AT LAW Steven K. Bainbrtdge Direct Dial: 717-612-6013 Fax Number: 717-731-1985 sbainbrtdge@postscheU.com June 21, 2005 Clyde Bachert, Jr. Harrisburg Taxicab & Baggage Company 1130 Chambersburg Rd. Gettysburg, P A 17325 PHIlADELPHIA Ronald Amato, Esquire Amato and Margie, P.C. Suite 100, Commerce Square 107 North Commerce Way Bethlehem, P A 18017-8930 PENNSYLVANIA PITTSBURGH RE: Verizon Directors Corp. v. Bachert and Harrisburg Taxicab & Bal!:l!:al!:e Company HARRISBURG Gentlemen: LANCASTER AllENTOWN Enclosed please find the Court's June 10, 2005 Order/Rule to Show Cause, III the above- referenced matter. NEW JERSEY ]E~, PRINCETON SKB:dIh Enclosure cc: Jane Penny, Esquire w/enc. 17 NORTH SeCOND STREET 12TH FLOOR HARRISBURG, PA 17101-1601 7'17.731.1970 WWW.POSTSCHElL.COM A PENNSYLVANIA PROFESSIONAL CORPORATION CERTIFICATE OF SERVICE I, Steven K. Bainbridge, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Ronald Amato, Esquire Amato and Margie, P.C. Suite 100, Commerce Square 107 North Commerce Way Bethlehem, PA 18017-8930 Clyde Bachert, Jr. 1130 Chambersburg Rd. Gettysburg, PA 17325 Jane Penny, Esquire Killian & Gephart, LLP 218 Pine Street Harrisburg PA 17101 Date: July 5, 2005 ,,' ., o G.; -s;. ,.., = = en '- r: f'-- I ...... ~ :.t::n m,- -r-JIM :09 00 ::i:~ ::'~~i (jr') ~:;'--:m {=) ~;::! il -< -n -i~> ~ o 5. Defendant Bachert opened an account with Plaintiff and thereafter advertising was purchased on said account.. 6. Plaintiff, at Defendants' special instance and request, entered into various written contract(s) whereby Plaintiff inserted advertising matter in various editions of the Verizon Yellow Pages in the amount(s) and for the price(s) set forth in said contracts, true and correct copies of which are attached hereto, made a part hereof and marked Exhibit "A". 7. Under the terms and conditions of said advertising contracts, Defendants agreed to pay the total amount(s) due in monthly installments for the period(s) listed, as more fully described in a Statement of Defendants' Account taken from Plaintiff's books and records, a true and correct copy of which is attached hereto, made a part hereof and marked Exhibit "B". 8. While PIaintiff performed and complied with Defendants' special written request and advertised in accordance with Defendant's consent and approval, all to the Defendants' benefit, Defendants failed to make payments when due. 9. After Defendants breached said above contract(s) in failing to make payments due on a monthly basis, Plaintiff, pursuant to the terms and conditions of said contracts, accelerated all payments due thereunder. 10. The prices charged for the aforesaid advertising are just and reasonable and are those which Defendants promised, in writing, to pay Plaintiff. 11. Defendants received and accepted the benefit of said advertising, as more fully described in Exhibits attached hereto, and a total principal amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, if any, was $38,659.40. 12. As set forth in the aforesaid contraets, attached hereto as Exhibit "A", Defendants agreed to pay Plaintiff interest on the above amount, determined by applying the agreed interest rate of 18.00% per annum on the total accelerated balance of $38,659.40. Accordingly, Plaintiff is entitled to interest at the agreed rate from May I, 2001 through March 18, 2004. Accordingly, the total amount of interest due to Plaintiff is $20,056.28. 13. Plaintiff is entitled to have the agreed interest charge continue to accrue as set forth above, from March 18, 2004 on down to the date of judgment in this matter. 14. As set forth in the attached contracts, Defendants further agreed to pay Plaintiffs reasonable attorneys' fees incurred in the collection of any balance due Plaintiff. Presently, Plaintiff is due attorneys' fees in the amount of $9,664.85, for a total due of $68,380.54. 15. Plaintiff has made demand against Defendants for the aforesaid amount, but Defendants failed or refused to pay the same or any part thereof. WHEREFORE, Plaintiff demands judgment against Defendants for $68,380.54, together with the continually accruing interest charge at the agreed rate of 18.00% per annum from March 18, 2004, and costs of suit. COUNT II Alternative to Count I - Unjust Enrichment 16. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length. 17. The goods, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by the Defendants, and the Defendants received and accepted the benefit of such goods, wares, merchandise, and/or services provided by the Plaintiff. 18. At all times material hereto, Defendants were aware that Plaintiff was providing the aforesaid goods, wares, merchandise, and/or services to Defendants, and that PIaintiff expected to be paid for such. 19. At all times material hereto, Defendants, with the aforesaid knowledge, permitted Plaintiff to provide and/or deliver said goods, wares, merchandise, and/or services, and to incur damages. 20. At all times material hereto, the Defendants were uIUustly enriched by retaining the benefit of receiving said goods, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation. 21. By reason of the aforesaid unjust enrichment of Defendants at Plaintiff's expense, an implied contract exists between PIaintiff and Defendants, and Defendants is obligated to pay Plaintiff the quantum meruit value of the value of the goods, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $38,659.40. WHEREFORE, Plaintiff demands judgment against Defendants for $38,659.40 together with the continually accruing interest charge at the statutory rate of 6 % per annum from March 18, 2004, costs of suit and all other relief to which PIaintiff may be justly entitled. AMATO AND ~.GLE, P.C. By: U /l-- Ronald Amato, Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 VERI FICA TJON ~ ~~ , hereby states that he/she is the -rn~ of ~- ~~'r~OVfI'\~~' i>laintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C.S. ~4904 relating to unsworn falsification to authorities. ~~ ",-" .~. ..... -- ..... ___ _ ...... A,',< '''''' : C)() r ~ IVtl- it c107J<../ ~. R. ROBIN ROMINE NOTARY PUBLIC STATE OF TEXAS My Comm. Exp. 6.02.2007 '"~._.;_~...... _ _ _ _ _ _ 'V' _ _ ~. IllIIl!CTOftV_A__r Hll-1'AIMlO' VERIZON BaLING SUMMARY Print Date: 0110412001 CUIlomeTID: 102744710 AccoutIt Telephone Number: s.Jes District: (717) 2311-1232 Harriabura LJllina N..... : Addreu: Comact Name : HatriIburg. Taxicab I< Baw8e Co 50 MIrlcet St Lemoyne J 70.43.??oo Clvde Bachert Ir-Pres DIRECTORY SUMMARY BOOns Te1ephon. Numb..-: (711) 737-3699 Pub Month' 5101 SIOI nit Code' 422P S32P SI.353.751M0 S19.7S1M0 Dir<lctOlY: HAlUUSBURG MET yP HAlUUSBURG wP Current Issu.: BiIJina Telephone Number: (717) 730-4043 Pub Month. SIOJ SlOI nit Code: 422P S32P DinlClOlV: CUf'Tl!:IIt IUlIe" HARRISBURG MET yP HARRISBURG wP $O,OOIMo SS3,SOIMo Monthly SuhTolal: Monthly Grand Tolal: SI,427.00/Mo SI,427.OOIMo . Directories included in the IIIOtIthly subtotal 't., .. tierIzRn Plie N 1 08/00 Next Issue' SI.3S3.7SlMo . SJ9.7SlMo . Next ISSJe' ... $O.OOIMo . SS3.S0IMo . The undenigned Advertiser hereby applies for advertising deoaibed abov. end for all suhsequent issues until tIW agreement islcnllinated in the ITWlIIOf described on the rev...... lid.. Th. Advertiser asr-to pay Verizon Directory Services, Inc, or it. aIIiliate ('Verizon') the amount shown in the NEW MONTHL Y TOTAL IIsled herein: $1.42700lMo nu. ...._.."'ll( is subject to the TERMS AND CONDmONS set forth on the revme side. Adverti.... scknowledges that hclshe has read and asr-Io such TERMS AND CONDmONS, PARTICULARLY PARAGRAPH 6 wmCH LIMITS TIlE AMOUNT TIlE ADVERTISER MAY RECOVER FOR ERRORS IN OR OMISSIONS OF ADVERTISING Non-print directory iteall ..... subject 10 sepatale terms end CODditions end appear on this Application for hilling ~-~ ~ Prinled Name I< Titl.: Clvd. ~achert ]r-Pr~ Ii ffh ~ ~~ } i ~ mq f\.... Sim1ature : Sia J1br1~ if!J 1 f/'(jJ.JY't.. aWeD Name' DICKIN~N FRANK ffi () ~sbura. Tllllicab I< asaasa. CO OItI8INJu' 50 Market St Lemovn_ , . 17043-??oo 102744710 71723117252 01/04/2001 142700 REl'ID: 28142 . .. EXHIBIT I A fuRK 3:::S.::Z00SUFX r' C~~-;;~~R~i~:;'\~iW:iG-;~~~;-r--T:~1;6 -- .. ...~.~':':'::~'.C=:'T;:;;r":'':' m-,.-.."" Wll!ro;e,' '~~1WI r' ~::::;:~~1=3:'1' .'Pl!~\9US~N~TOlEI'HONS"" LlST'W .._.....'l1ON aWN<! .-ooiEss TELlOW c..a ell 8rN 711-843-11'Jl AtTN NAME Al>O~ . u:::;f' NAME '., A~ESS 41Z P(CIUi..ftV. " '" -c .-.... , CITY Ie a1\. CITY' . >< ~Tli ZIP CODli 1 7~ ~~.~ ,STATE .' '. ZIP COOlS ~ . . . '!"limll~~""'Y~~!~r.~"'.'''''''..!......'' .~,.,,..~. ,." 'WI<1I,'"''''c~r''' ..... . ,.,., ~\, '''Wlf!'''''' f.. mur!U't1b~i'''''..ll'ln~..sar::''~~i~M''r~,~~ :" . *" t;.-ro;,,~w.~~];~4t:!.mmn~. ~ ... . .. .f;J;f:~lM1!!f?H1i ,. . ~llal/ CAlCll' . 'TN . 717";'7)'7-39 il .~ BRENDA ItLINECIHST AOOA. ',412 WOllUAY Sf .1 Y()R~ ..cJ PA 1H0325-:32 crTY srATE . ZIP CODE 10.l,Zln:; BLH T~ll1CJ8S CQURXER SU'lICf 24 IlQllRS~eYEJlYa'AY-neRl'WHellE O,!lIYfRY SIHeYICe 2.4 ' KOIlR S~eyeRYO ...Y- fYERYWH ER: T';X teABS ' AI~PCllT LIMO 412 . NliRltlA1 LIN<ltlSlNE '.SUl/H.E l!. I!"""'~-': '"i~' "W"_',."! ..~.. lJ):"tl.l~~;{l: . '. 905'} , 4 00 ' ", " ,J! I 010" Fill"""" '~,. , , ',., ~,.. _. '~lll"',,:,,; 011-'" . ""'." . .".... , ~~: ',".' ;",~,J:~D:'" I 013 il<o~' , , I I I i , , 3t, so I I , , , , I , , I I , , , , , I , , , I , , ..."m'~... I~ (0 S..Y" 012 , 11 :123:1".' aL 10.1 21th, MAL 10.1 211"'" EL 12.1 Z1i~5 SU 12.1U.lU BEL 121IVn 2HS IV Z5.19; ALST001 I/jFQ CONTRACT eI~CING seveN (7)DA'S FROM OAlE'Cl' SAt.1: CONTACT TOr.n Pl..S"' 1 G1.rt C D A G H ,HIT l' \ F-f-11 ~ CUSTOIIER APPIlOYE.D JilT $2,3.00*.1. ~OIiTliLY AS OF 09.115/00 (~'SUliJI::CT 70 REVIEW 01'011 SIl8MISSlOt;) REF HuMsER ~'l~' lit;:~\~~~. I~ l+fHC) .> , -, NEW ITEMS . TP FI 1&6.55 G\ N ~A^^ f'v'-' . TITLE OWNER ADvERTISER ACKNOWL.EDGES HEfSIoE R's:CEWEO A OUPUCATECOPY OF THIS AG~EEME/IIT AND fiAS AEAO. UNDERSTANDS AND AGFlEeS TO TH~ TERMS AND CONOlTlONS ON rHe IleV~R", INCLUOINlj l.l-'\'Il~~ Z''il 'i'fllfl' P.A"'GRAPH "0 12, ANO THAT AOVERTI$ER "AS A'cWED AN ITEM coo. L'$TlNG DES~NGC?1~_~SEOABOVE. . .. t)i?."......,.U~""",."GI ' TITLE' .' / .1 DIRecTORvRE""ESEN''')1VE . "'Ie. H<;~ b, (it 11\(~,j.r-' EFFE~nv'DAT' I \ 1..\ \ 0\ TIME 1 : (( r ri';:~~'~r "~;l!:;;' -,'~ 1747- li: C. 30 2872- li?S.S5 2555- 1~6'~~'~":r~'1'~""':r ~ _ _ _ ___ _ __ ___ .___ ___.____~~~ _ ___.__.___~_~____,.-.-._______________-.----J OBelAll8ntlc" ..... DIRECTORY ADVERTISING AGREEMENT 05110F (1187) BELL ATLANTIC BILLING SUMMARY Page # 0\197 Print Date: 03107/2000 Customer 10: 102744710 Account Telephone Number: Sales District: (7171 238-72S2 Hanisbura Listing Name: Harrisburg. Taxicab 11 Baggage Co Address: 50 Market St Lcmoync 17043-??oo Contlld Nam.: ~ ~V<><" " \&."t~HAR .. I S _ DIRECTORY SUMMARY Billing Telephone Number: (7/7) 731-3699 HARRISBURG MET YP HARRISBURG WP Current lSS\le: SO.OOlMo SO.OOlMo Next Issue: SS99.75IMo . S19.151Mo . Pub. Month: 5/00 5100 Dir Cod.: 422P 532P DirectOlv; Billing Telephone Number: (7/1) 730-4043 Pub. Month: 5/00 5/00 DirCodc 422P 532P Directorv: HARJUSBURG MET YP HARRISBURG WP Currcnllssue: S556.00lMo S81.25/Mo Next Issue: S754.OOIMo . $81.25/Mo . Monthly SubT olal: Monthly Grand Total: $1,454.7SIM0 $I,454.75/Mo . Directories included in the monthly subtotal The undersigned Advertiser hereby applies for advcrtising described above and for all subsequent issues until this agreement is tcnnin8led in the manner described on lite reverse sid.. The Advertiser agrees to pay Ben Atlantic Directory Services, Inc. or its affiliate ("Bell Atlantic") the amount shown in tho NEW MONTHLY TOTAL stated herein: SI 454 75IMo This agreement is subject to the TERMS AND CONDITIONS set forth on the reverse side. Advcrtiser acknowledges that he/she has read and "llrecs to such TERMS AND CONDITIONS, PARTICULARLY PARAGRAPH 6 WHICH LIMITS THE AMOUNT THE ADVERTISER MAY RECOVER FOR ERRORS IN OR OMISSIONS OF ADVERTISING. Non-prinl directory items arc subject to separate tcnns and conditions and appear on this Application for billing purposes only. Printed Name & Till.0 ~ ._34d.eL.r-' JK. .'; 1/ j) --==7 ~ Signature' ~p~' ~_ .Reo Name: B MARKLE Ot\\G\"~\.. q-e<; ..i!~~._.._.~- . 18025 MATTHEW REP 10 21794 TERMS AND CONDITIONS PA(6100) 1. . ~lGNER'S WARRANTY. The person signing or otherwise a'-lthorizing this agreement: (1) represents and warra('lls that he/sl'1e has the alJthority to enter into this 'agreement; and (2) agrees to indemnify, and defend Verizon and its aHiliates. representatives and agents (~nd the directory publisher ~ different) from any and aH dam"ges, Qncluding attorney's tees) arising out of any breaeh of this representation and warranty. 2. TERM AND PAYMENT. The Advertiser shall pay Venzoo a sum equal to the monthly charges tor advertising shown on the face of this agreement multplied by the number of months the issue at the directory remains in circulation. together with any applicable taus. Verizon may permrt payments for advertisins in montHy installments and on such dates as it.lI\8.V determine. The.Advertiser ~e.1I paY,!lny an eharges_shown_ont1ie ~ac. at this agreeme~t, when aoolicable. Verizon may require paymenls in adva~ce of publication when it deems it appropriate, Advertis.er authorizes Verizon 10 order a credit report on Advertiser. Unless adva.nce payment IS required, the first payment due da:e for the cirectory shall be no earlier than me date tf;e delivery of ;:':~;'!c:;;rdS 'r.,;.s 'c~).;un. L.:r:;e~::h.. A.:ve(';iS&( has terminated this agreement as pr':\lided in Paragraph 7, the Advertiser agrees t~ pay for the advertising i:'l s'-lbsequ;;r.t issues 01 the directory at the rate-s estabH$.~ed by Venzon, For subsequent issuE'S, Vedzon sha.ll hav: the ~is~t to j/,c.~~;.a O~ de..:rea::ie the charges for Ihe aC'ier'Jsing cover&ri cy tnis agreement If the Advertiser fails to pay Veri.:cn within loroy-five (45) days alter an amour,t is due'and payable or otherwise materially breaches this agreement, Q( if the AdvertiS&4" disconnects the advertised telephone 5er.'ioe, then Verizon shall have the right to require the Advertis.er to pay the entire balance of amounts due lor ltle period the directory will be in circulation. Unless requested by Advertiser, Venzon will not make payment to Aevertiser lor any cr9'dit balance leS$ than live dollars ($5.00). tf the AC'Iertisar faiis to pay aoy aevertising charge when due, Verizon may re-quire the Adver:is.er to pay a late payment charge in an amount te be astablished by Vert:on, but not in eltcess of 2% per montn on any unpaid overdue advertising charge and any previously incurred unp.:.: _:1 ;:C./'~';';! '::"..:.:;;~. If the Advertiser lails to pay any advertising ch8rge or late payment charge when due and Veri.:on files suit to collect the charge, t1d Advertiser shall pay Veri.:on a collection charge equal to 25% at an)' amount wtlich;s found to be due to Veriton. 3. ADVERTISER'S WARRANTIES AND FlESPONSI8lLlTIES - The Advertiser represents,ar,d warrants that the Adver"Js.ar is aultiorized and has t!1e right (1) 10 provide the product or service to be advertlsed; and (2) to use any copy, illustration, personal or corporate name, copyri9hted material, graphic or pictorial reproduction, trade names, trademarks, endorsement, language and any other items used in the advertising pursuant to this agreement The Advertiser agrees 10 inoemnity and defer'ld Varizon and it~ affiliates. representallVes and agents (and the directorl publisher ~ diHerent) from any and all damages (induding a~omey's tees) ansing out of any breach of thIS representation and ...arranty. The Advertls.er assumes sole respcnsibility for prct.eC'::on ct its ccpyright, tracemafi( or other righl or interest in any copy, illustration, language and any other items used in advertising under this agreement. Advertiser agrEHlS to give prompt notice to its sal9"S representative cf any changes to ils telephone numbers, names or addresseS. 4. ACCEPTANCE 8Y VEAIZON - For each issue, Verizon 'Hill be bound by this agreement when: (1) this agreement ar,d the advertising pursuant to it have ~n approved by Verizon; and (2) the Advertiser has paid Veri.:on any charges which are due in advan~ at publication oi the issue. In addition, Vanzon shall hay_ the right at any time, in its sole discretion, to reject for any reason whatsoever this agreemanl and/or any or all of the ad'ier.:ising copy. illustrations, language and any other items submitted by the Advert1ser. S. VERIZON'S PREROGATIVE. Verizon does not repre~nt or warrant; (1) that advertising will appear on a particular p.age or at a partiClJlar position On a pags; or (2) that advertising will appear in a particular position relative to other advertising. Veri:on reserves the right to exercise the usual publisher's prerosative induding, but not limited to details relatir'lg to type face and style. use of screens and adjustments in layout 01 advertisements. Verizon can, in its sole discre~or'1, determine t!"1e circulation period or duration r:;t any issue of any directorj, which shalf ordinarily be lor a period of approximately OM year. subject 10 varianc~ in delfvery. The Advertiser acknowledges that Veri::: on owns tMe copyright on the advertising (induding any art wor'K. photo print: copy. illustrations or other items create.d by Veri.:on or its representatives) and on Verizon directories, and agrees that Veri.:on may reuse trle advertising (or parts thereof) in omer directories, products or media. 6. LIMITATION OF LIABilITY FOR' ADVERTISING ERRORS OR OMISSIONS - THE AMOUNT THE ADVERTISER MAY RECOVER FOR DAMAGES RELATING TO THIS AGREEMENT, INCLUDING DAMAGES RESUlrlNG FROM ERRORS IN OR OMISSIONS OF THE ADVERTISING COVERED By IT, SHAll BE UMITED TO AN AMOUNT NOT EXCEEDING THE SUM OF THE MONTHLY CHARGES FOR THE ITEMS OF ADV~RTISING AT ISSUE, PLUS A REPUND OF ANY CHARGES ACTUALLY PAID FOR THE ITEMS OF ADVERTISING. THE ADVERTISER AGREES TO WAIVE. M-IY CLAiM FOR DAMAG~S. INCLUDING DAMAGES RECOVERABLE IN CONTRACT, TORr AND OTHERWISE. AND WHETHER CAUSED BY VERIZON, ITS AFFILIATES, AGENTS, EMPLOYEES, REPRESENTATIVES, ASSIGNS, OR OTHERWISE, TO THE EXTENT THAT DAMAGES EXCEED THE AMOUNT IN THE PRECEDING SENTENCE. THE ADVERTISER ALSO AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY FOR DAMAGES RELATING TO THIS AGREEMENT IS AGAINST VERIZON, AND IT SPECIFICAllY WAIVES ANY CLAIMS IT MAY HAVE AGAINST THE PUBLISHER OF THE DIRECTORY IF DIFFERENT FROM VERIZON. THE ADVERTISER AGREES TO GIVE VERIZON WRITTEN NOTICE OF ANY ERROR IN OR OMISSION OF ANY ADVERTISING ITEM DURING rHE ISSUE UFE (AS NOTED ON THE COVER) OF THE DIRECTORY IN WHICH THE ADVERTISING APPEARED OR SHOULD HAVE APPEARED, AND AGREES TO PAY FOR ANY ITEM OF ADVERTISING NOT SUBJECT TO THE ERROR OR OMISSION AND TO PAY FOR THE FAIR VALU~ OF ANY ITEM PUBLISHED WITH AN ERROR, HOWEVER, iF fHt: AOVER"'iISE:H OOES NOT DESIRE TO WAIVE SUCH CLAIMS FOR lOSS OR OA,\lAG::. THE ADVERTISER CAN AGREE TO PAY ADDITIONAL CHARGES WHICH WILL BE DETERMINED BY MUTUAL AGREEMENT Sffi'lEEN THE ADVERTISER AND VERIZON. THESE ADDITIONAL CHARGES Will BE BASED ON THE TYPE OF BUSINESS, THE MONTHLY BilLING, AND OTHER FACTORS OF RISK, IF rHE ADVERTISER ,0.,'0 VERIZON AGREE TO AN APPROPRIATE AMOUNT OF ADDITIONAL CHARGES, THE ADVERTISER, IN THE EVENT OF AN ERROR IN OR AN OMISSION OF ADVERTISING IN THE DIRECTORY, MAY PURSUE ALL THE LEGAL REMEDIES THAi MAY BE AVAlLA8LE TO THi:: ADVERTISER IN THE A:.5ENCE OF rHE ABOVE lIMITArlON OF LIABILITY, ADVERflSERS INTERESTED IN OBTAINING AODITIONAlINFO;;,\lATION REGARDING THIS DFTION SHOULD WRITE TO VERIZON YEllOW PAGES, ATTN: SALES ADMINISTRArIVE.SERVICES, 50 BURNETT AVENUE, \I.-\?l='IIOOD, NJ 07040 OR CAcl 1.BOQ.6S2. 2355. 7. TEFlM1NAT10N - This agreement may be terminated by either party by gi'iing written notice of termination via cer7.:o;d ma,' to the other at 19a~ ~t'I'gr,ty (20) days prior to tl1e ad\lertising dosing date of the neX't issue to be published. This agreement may also be terminated by Verizon 101'" any issue of a directory to be published: (1) ~ the item of advertising was to have been published under a section heading or trademark, trade na~e. or brand name caption or li~ng which has been dis...~ntir"lued: or (2) if Venzon is notified that the advertised telephone Soar\i;ce has been disconnected on or b~:)r9 t.'ie advertising closing da:e. Veriloon may also terminate this agreement (1) ~ the Adv~rtiser fails to pay 'Hithin forty-five (45) days after the due date any char;es due under ti',is agreement Cf I.mder any ot1er directory advertising agreement with Verizon; or (2) if the Advertiser otherwise materially breaches this agreement. 8. REVIEW OF PROOFS - Verizon shall endeavor, on request, to allow the Advertiser to review p~nted prools 01 a::-/Mising for a new unit ri dis,?lay ac...er":ising s';"::~;~~~ in a t::rr?ly t~s~:or., HCW'!'l>H, Vgr';::on's f~i1t.:re ~') CO sc s}-,all not reli9'/9 the A:tv9~iS9r d its obligations ~ere\.,;r:der. 9. ADVERTISEFl RECORDS AND INFORMATION - In order that Verizon may notify the Advertiser of any products. Soar/ices or oHerings that may be -;J interest to it. the AdVertiser agrees that Verizon and its aHiliates may have ac:::ess 10 and use any Adver':iser relatad informalion t",a~ is now or in the Iut'Jre ir. tl"'eir p<l~ssion, induding information on the Advertiser's purchases of products and serv;c9slrom or through V9riz~n and its aHilia:es. 10, OTHER AGREEMENTS. This agreement incorporates and indudes the individual directory advertising agreements lor uch directory referenced or: l:t1e lace c:I this agraemant, el/en though the agreements are not signed by the Advertiser. 11, ENTIRE AGREEMEm - This agreement, and any copy layout approved by the Advertiser in connection witt'l it, shall constitute the entire contract ~twHn Vttti~on and the Advertiser. Verizon shall not be bound by any representation, understandir'lg or agreement not expresSly sat fcr'.h in writing in this a9re.ement Advertiser underSl3nds and agrees that Verizon makes no representations or guaranlees that delivery ot a directory will be made W'iltlin a specific time pgricd or to any specific numbers or ~rcanlages of businesses or residences in the coverag_ ar93. Verizon's advertising salas rapr~senlatrll has no awti1ori:y to make any changes in the terms and conditions 01 this agreement. Verizon may assign this agreement to any aHiliate. ~ . PAGE 1 OF 1 . STATEMENT CLYDE BACHERT TIA HBG TAXICAB & BAGGAGE CO 50 MARKET ST LEMOYNE PA 17043 IN ACCOUNT WITH VERIZON ONE TIME CHARGE FOR DIRECTORY ADVERTISING . 2001 HARRISBURG MET PA 14 INSTALLMENTS @$1353.75PER INSTALLMENT 2001 HERSHEY PA 12/NSTALLMENTS @$51.10PER INSTALLMENT JZOO1 YORK PA 14 INSTALLMENTS @ $186.55 PER INSTALLMENT I 2000 HARRISBURG MET PA 12 INSTAllMENTS @ $1353.75 PER INSTALLMENT 1;l0G0 HARRISBURG PA 12 INSTALLMENTS @ $19.75 PER INSTALLMENT TOTAL PLUS A 25% COLLECTION FEE ~- 1I8If.mp d.fR~q 18 $18,952.50 $613.20 $2,611.70 $16,245.00 $237.00 $38,659.40 EXHIBIT I ~ 1'0044'8321 11/ '51i<'/25'~ , r (.) -<q. '1l ~ - ~ 0 -t:: ~ --0 ~ }J G' D ~ 0- $- (") C :?" '1:)1;;3 t:l~' .....;::. C') . " l. <: :':;; -< ....., = = ..c- ::J: :>>- = N '-" 9 ~ ....., ::r:~ rl1.~'~1 r" ""'1.")fn ::pC-"1 ~(~ :;~' ,', (~);'ll ""T' :1: r:-.: r..) W :-J~ -< SHERIFF'S RETURN - REGULAR CASE NO: 2004-01283 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VERIZON DIRECTORIES CORP VS BACHERT CLYDE ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BACHERT CLYDE the DEFENDANT , at 1620:00 HOURS, on the 26th day of March , 2004 at 50 MARKET STREET LEMOYNE, PA 17043 by handing to CLYDE BACHERT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 .00 10.00 .00 37.66 r~~~ R. Thomas Kline 03/29/2004 AMATO & MARGLE Sworn and Subscribed to before me this .~ day of Bp~:~::::::t ~JJU0( \ ~puty Sheriff o,:J .J.JJo 'f A . D . (, ;'..~ () Jvu)C"" #' Prothonotary I SHERIFF'S RETURN - REGULAR CASE NO: 2004-01283 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VERIZON DIRECTORIES CORP VS BACHERT CLYDE ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HARRISBURG TAXICAB AND BAGGAGE COMPANY T/A HARRISBURG TAXICA the DEFENDANT , at 1620:00 HOURS, on the 26th day of March , 2004 at 50 MARKET STREET LEMOYNE, PA 17043 by handing to CLYDE BACHERT, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~"''''';<':d~ , '7 R. Thomas Kline 03/29/2004 AMATO & MARGLE day of ~~~ty ~r~ Sworn and Subscribed to before me this ~ Of':O ,;1..tJi) i A. D. (j, (J 'dv" ~P~,. It 0';-;: ~honotary ,',-' VERlZON DlRECTORlES CORP. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 04-1283 CIVIL TERM CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY, trading as Harrisburg, Taxicab & Baggage Co. : CIVIL ACTION Defendants : JURY TRIAL DEMANDED NOTICE TO PLEAD TO NEW MATTER TO: Verizon Directories Corp. by and through its attorneys Ronald Amato, Esquire Michael Kennedy, Esquire Michael Lessa, Esquire AMATO AND MARGLE, P.e. 107 North Commerce Way Bethlehern, P A 18017 You are hereby notified to plead where applicable to the enclosed Answer With New Matter within twenty (20) days frorn service hereof, or a default judgment may be entered against you. Respectfully submitted, Dated: April 15, 2004 Jt1 Steven K. Bainbridge, Esquire Attorney LD. #91018 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 VERlZON DIRECTORlES CORP. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 04-1283 CIVIL TERM CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY, trading as Harrisburg, Taxicab & Baggage Co. : CIVIL ACTION Defendants : JURY TRlAL DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT AND NOW, this 15th day of April, 2004, come Deft:ndants, Clyde Bachert and Harrisburg Taxicab And Baggage Company, by and through their attorneys, Killian & Gephart, and file this Answer With New Matter, and in furtherance thereof aver the following: 1. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of this averment. 2. Denied. By way of further answer, Clyde Bachert was President of Harrisburg Taxicab And Baggage Company, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania. Said business was located at 50 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. It is specifically denied that Clyde Bachert acted in an individual capacity in any way in regard to the contracts in dispute. 3. Admitted in part, denied in part. By way of further answer, Harrisburg Taxicab And Baggage Company was located at 50 Market Street, Lemoyne, Pennsylvania 17043, until it ceased operations on March 31, 2004. 4. Defendants, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth of this averment. 5. Denied. 6. Denied. 7. Denied. 8. Denied. 9. Denied. 10. Denied. II. Denied. 12. Denied. 13. Denied. 14. Denied. 15. Admitted. 16. Defendants incorporate the responses from paragraphs 1 through 15 as set forth above. 17. Denied. 18. Denied. 2 19. Denied. 20. Denied. 21. Denied. NEW MATTER 22. Defendant, Clyde Bachert, did not act in an individual capacity in any way with regard to the contracts in dispute. 23. Tiffany Bingarnan was employed by Harrisburg Taxicab And Baggage Company as a secretary and she did not have the authority to bind Harrisburg Taxicab And Baggage Company to the contracts in dispute. 24. Defendants raise the affirmative defense of statute of frauds in regard to both the March 7, 2000 and January 4, 2001 contracts attached to the Complaint as Exhibit "A". 25. Defendants raise the affirmative defense offi'aud in regard to the validity of the signatures to bind defendants for both the March 7,2000 and January 4, 2001 contracts. 26. Defendants raise the affirmative defense of breach of contractual provision, specifically paragraph 4, in regard to both the March 7, 2000 and January 4, 200 I contracts. 27. Defendants raise the affirmative defense of statute of lirnitations in regard to the March 7,2000 contract. 3 28. Defendants raise the affirmative defense of unconscionability in regard to the twenty-five (25%) per cent collection fee found in paragraph 2 in regard to both the March 7, 2000 and January 4,2001 contracts. 29. Defendants raise the affirmative defense of clean hands in regard to both the March 7, 2000 and January 4,2001 contracts. WHEREFORE, Defendants respectfully request this Honorable Court to disrniss Plaintiffs Cornplaint for all the reasons stated above. Respectfully subrnitted, Dated: April 15, 2004 K~7a7LP Steven K. Bainbridge, Esquire Attorney LD. #91018 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 (717) 232-1851 4 VERIFICATION I hereby verify that the statements of fact made in the fioregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subjectto the criminal penalties contained in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. D",d ~ \ \ s\ 04- ~~~S=-J CL BAERT, Individually and as Owner of Harrisburg Taxicab & Baggage Company CERTIFICATE OF SERVICE I do hereby certifY that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States rnail, postage prepaid, addressed as follows: Ronald Amato, Esquire Michael Kennedy, Esquire Michael Lessa, Esquire AMATO AND MARGLE, P.C. 107 North Cornmerce Way Bethlehem, PA 18017 Dated: April 15, 2004 ;U I~ Steven K. Bainbriidge, Esquire Attorney J.D. #91018 KILLIAN & GEPHART, LLP 218 Pine Street P. O. Box 886 Harrisburg,PA 17108-0886 (717) 232-1851 () ....' 0 C"...::) co..::) '~n ..:- T"" .--\ -~,": :c -;1 '>u I'nf'::::; en :~_1 ; Ul (:~\~) .' or, -" ~'r' _'c- ::,-~ ~) , :1 - - \ ~:-::.t ~ - .:3 , --"'. -- v> COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES CORP. Plaintiff No. 04-'1283 Civil vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendant(sl PLAINTIFF'S REPLY TO NEW MATTER 22. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 23. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denills this averment. 24. Denied. This averment constitutes a conclusion of law 1to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 25. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 26. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 27. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required. Plaintiff specifically denies this averment. 28. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. 29. Denied. This averment constitutes a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. Without waiving the foregoing and to the extent a response may be required, Plaintiff specifically denies this averment. WHEREFORE, Plaintiff requests Your Honorable Court enter judgment in favor of Plaintiff and against Defendant in accordance with the prayer of the Complaint. AMATO AND MARGLE, P.C. By: 6/1---- Ronald Amato, Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #BB617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V'ERIZON DIRECTORIES CORP. Plaintiff No. 04-1283 Civil vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendantlsl CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Reply to New Matter was served via first class mail, postage prepaid on April 30, 2004: Steven K. Bainbridge, Esquire Killian & Gephart, LLP 218 Pine St., PO Box 886 Harrisburg PA 17108-0886 ~ATOAN~ Ronald Amato, Atty ID #32323 Michael Kennedy, Atty ID #72412 Michael Lessa, Atty ID #88617 Attorneys for Plaintiff 107 North Commllrce Way Bethlehem, PA 18017 (610) 866-0400 VERl:Fl:CATl:ON ~ns-kVl\yr\rol i _m (LV) hereby st.ate,s that he/she is :h; of VERIZON DIRECTORIES COR.? plaintiff .r. this action, and verifies I:hat the stat",ments mao= in I:he attad.c ,,'. Reply to New Matter are true and correct to t:he : "st of his/hel kn"wledge, information and bel ief. The undersq ned understar'_cl3 I:hat I:he statements herein are made subject to tre penalties: of 18 PA C. S. Section 4904 relating 1:.0 uns:.,o~n falsificat:~I:m 1:0 authorities. . 0 r-> 0 = f;~ = ., ~- -, -.,.... .-, ~ :r ...,.-, r-i'\ ):~ -< en p= / -0 rn I :-aO ~~.~ (,)1 C)(L ~:: -0 8~~ .~" , ::r.: c.:'; p- C: w ' , -::1 ?; -::~ c::> ~:~ -< 0 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES CORP. Plaintiff No. 04-1283 Civil vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendant( s) PLAINTIFF'S MOTION TO COMPEL DEFENDANT TO ANSWER PLAINTIFF'S INTERROGATORIES AND PRODUCTION OF DOCUMENTS Plaintiff, by its undersigned counsel, moves this Court for an Order pursuant to Pa. R. C. P. 4019 to compel Defendant to respond to Interrogatories and Production of Documents, and in support thereof says as follows: 1. Plaintiff filed suit against Defendant in this matter on March 25, 2004. 2. Plaintiff served Interrogatories and Production of Documents upon Defendant's counsel on June 21, 2004, a true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit II A ". 3. Pursuant to Pa. R.C.P. 4006(a)(2), Defendant's responses to the same were due within thirty (30) days of the above service date but none has been received as of the date of giving notice of the filing andlor presentation of this Motion. 4. Plaintiff requested Defendant to answer said request by letter dated December 6, 2004. 5. Plaintiff has given Defendant's counsel notice of the filing andlor presentation of this Motion as indicated in the Certificate of Service attached hereto. 6. Plaintiff requires an Order pursuant to Pa.R.C.P. 4019(a)(1)(i), 4019(a)(1)(viii) and 4019(c)(5) compelling Defendant to answer said Interrogatories and Production of Documents. WHEREFORE, Plaintiff respectfully requests the Court to approve the proposed Order, annexed hereto. AMATO AND MARGLE, P.C. By: //A / Ron~'l:!Ja~Kv 10 #32323 Michael Kennedy, Atty 10 #72412 Michael Lessa, Atty 10 #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES CORP. Plaintiff No. 04-1283 Civil vs. CLYDEBACHERTand~SBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendant( s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Motion to Compel Answers to Interrogatories and Production of Documents was served via first class mail, postage prepaid on January 7, 2005, upon the following: Steven K. Bainbridge, Esquire Killian & Gephart, LLP 218 Pine St., PO Box 886 Harrisburg PA 17108-0886 AMATO AND MARGLE, P.C. By: ~/ Rona~r::/fttv 10 #32323 Michael Kennedy, Atty 10 #72412 Michael Lessa, Atty 10 #8861 7 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 " LAW OFFICES OF AMATO AND MARGLE, p.e. SUITE 100, COMMERCE SQUARE 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 RONALD AMATOt STANLEY J. MARGLE, IIIt MICHAEL J. KENNEDyt KRISTOPHER T. SMULLt MICHAEL R. LESSAt OF COUNSEL: JEFFREY H. LEVItt Margie Direct Dial: (610) 865-9970 Margie Voice Mail: (610) 366-2484 Margie E-Mail: smargle@amalolaw.com General E.Mail: email@amatolaw.com tAdmitted PA Only ttAdmitted MD and DC Only June 21, 2004 Steven K. Bainbridge, Esquire Killian & Gephart, LLP 218 Pine St., PO Box 886 Harrisburg PA 17108-0886 Re: VERIZON DIRECTORIES CORP. v. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. Our File #: 2031663 Civil Action No.: 04-1283 Civil Dear Mr. Bainbridge: Enclosed find plaintiff's interrogatories and request for production of documents. I would appreciate your client's answer within thirty days pursuant to the rules. RA\MJK dadisc Very truly yours, AMATO A~MAR. G~E' ~C. By: / I . I 'Ll~ Mi aef\:J."KE e y '- I exHIBIT A COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES, CORP. Plaintiff No. 04-1283 vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendant(s) PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS DEFINITIONS Please see the definitions used in Plaintiff's interrogatories which are incorporated herein by reference. INSTRUCTIONS Please see the definitions used in Plaintiff's interrogatories which are incorporated herein by reference. PLEASE PROVIDE THE FOLLOWING DOCUMENTS: 1. All writings, letters, memoranda, phone message and the like between Defendant and Plaintiff regarding the advertising at issue. 2. All contracts entered into between Plaintiff and Defendant. 3. A copy of the check, money order or receipt for payments, made by Defendant to Plaintiff, for the advertising. 4. Copies of all checks made by Defendant to pay his telephone bill. 5. All spread sheets, computer printouts, or any documentation or report that is printed or capable of being run on Defendants computer system which references amounts due to Plaintiff, amounts paid to Plaintiff or amounts owing to Plaintiff. 6. All documents which reference telephone number 717-737-3699. 7 All documents which reference telephone number 717-730-4043. AMATO & MARGLE, P.C. By: iMv Ronald A ato Attorney ID 2323 Michael Kennedy Attorney ID #72412 Attorneys for Plaintiff 107 N. Commerce Way Bethlehem P A 18017 (610) 866-0400 12 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES, CORP. Plaintiff No. 04-1283 vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendant(s) PLAINTIFF'S INTERROGATORIES ADDRESSED TO DEFENDANTS DEFINITIONS The following definitions apply to words or terms used in these interrogatories and requests for the production of documents: 1. Whenever the word "you" or "your" appears herein and whenever the designation of the party served with these interrogatories and requests to produce appears herein and whenever any person or entity is referred to herein, such word, designation, person or entity shall be construed to mean not only the party served with these interrogatories and requests to produce, other person or entity in his, her, its, or their own right, but also his, her, its, or their age~t, servants, workmen, representatives, employees, or attorneys. If the party to whom these interrogatories and requests to produce are addressed is not an individual(s), "you" or "your" includes the entire entity, its divisions, its merged or acquired predecessors, its present and former officers, directors, agents, employees, and all other persons acting or purporting to act at the direction of or on behalf of it or its predecessors. 1. The word "representative" or "representatives" includes any consultant, surety, indemnitor, insurer, employee, agent, adjustor, or investigator for the party or party's insurer. 2. The term "Plaintiff" as used herein refers to Plaintiff Verizon Directories, Corp., and, where applicable in context, its employees, consultants, representatives, agents, heirs, assigns, and all other persons acting or purporting to act on its behalf. 3. The term "Defendant" as used herein refers to Defendant in the ensuing action, Clyde Bachert Harrisburg Taxicab and Baggage Company, here applicable in context, its officers, directors, employees, consultants, representatives, agents, and all other persons acting or purporting to act on its behalf. 4. The term" statement" includes a written statement signed or otherwise adopted or approved by the person making it. It also includes a stenographic, mechanical, electrical or other recording or a transcription thereof which is a substantially verbatim recital of an oral statement by the person making it and contemporaneously recorded. It also includes any verbal or oral statements. 5. "Describe" or "state" or "set forth" means to indicate fully and unambiguously each fact relevant to the answer called for by the interrogatory of which you have knowledge. 6. The term "document" or "documents" refers to written, transcribed, filmed, recorded, printed and graphic matter of every kind and description, however produced or reproduced, including, but not limited to, checks, bank drafts, invoices, memoranda, receipts, correspondence, photographs and drawings, graphs, charts, telegrams, letters, contracts, agreements, diaries, notes, reports, minutes, analyses, projections, work papers, photographs, diaries, sketches, drawings, calendars, minutes, tables, information stored in a computers memory, machine readable cards, discs, tapes or computer printouts of any board of directors or cOIThl1ittee thereof, and records of any event, written or oral communication anti recordings (tape, disc, or other) of events or oral communications and other data compilations in whatever form from which information may be obtained or translated through human, mechanical, or other means into a reasonably usable form including drafts, copies, transcripts, and summaries of any of the foregoing whether or not within the possession, custody or control of Plaintiff. As used herein, "document" or "documents" also refers to the originals of the materials listed as well as all copies, reproductions, and printouts of such documents which bear any notations or other alterations not found on the original or which differ in form or in substance from the original, whether or not written, in the possession, custody or control of Plaintiff or that of its subsidiaries, affiliates, divisions, or other organizations, units or their parent(s) or representatives(s). 7. As used herein, documents "relating to" or "which relate to" any given subject shall mean each document that constitutes, deals with, refers to, evidences, memorializes, or is in any way pertinent to that subject, including, without limitation, documents concerning the preparation of other documents, transcripts, summaries, affidavits and statements. 8. The term "identify" or "identity" as used herein in connection with or in reference to a document means to: a. State the type of document, e.g., letter, memorandum, note, etc., the number of pages thereof, the title and date of the document, the time of preparation, dispatch, and/or receipt of the document, and identify the person or organization, preparing, or participating in the preparation of the document, the person or persons to whom copies of the document were to have been sent and the place or places where such document was dispatched and/or received; b. Give a brief summary of its contents; c. State the names and addresses of all persons whom you know or believe to have possession, custody or control of the document and of any copies thereof. If any document was, but no longer is, in your or your organization's control, state what disposition was made of it and the date of such disposition; d. the name and address of the person(s), if any, who drafted, prepared, compiled or signed it what person is in possession of the document or copy thereof, and identify the person or organization, preparing, or participating in the preparation of the document, the person or persons to whom copies of the document were to have been sent and the place or places where such document was dispatched and/or received; e. the date on such document and or the date of its creation; f. all other means of identifying the document with sufficient particularity to satisfy the requirement for inclusion in a request to produce documents under Rule 4009 of the Pennsylvania Rules of Civil Procedure; or in a subpoena duces tecum; g. With respect to each document which you contend is confidential, designate each such document numerically, e.g., Document 1, Document 2, etc., and state the number of pages, date, its present location and its custodian's identity. 9. "Person" or "individual" means and includes any natural person or individual, and also means and includes any proprietorship, partnership or limited partnership, group of natural persons, corporation, unincorporated association, association, organization, joint venture, firm or other enterprise (whether or not for profit), and any governmental body, political subdivision, government or government agency, quasi-public entity, or other form of entity. Where a particular request, question or interrogatory refers to a "person", it refers to both all natural persons and to all persons other than natural persons. 10. The term "identify" or "identity" as used herein in connection with or in reference to an individual person means to: a. State his, her, or its full name, title, present or last known residence address, present or last known business, professional position, or affiliation and address, telephone number, and the person for whom he, she or it was representing or acting the full name and address of each of his or her employers. b. With respect to each individual whose identity you contend is confidential, designate each such individual by letter designation, e.g., Person A., Person B., etc., and state his or her sex, age, race, and region of the country in which he or she resides, e.g., vicinity of Lancaster, vicinity of Pittsburgh, etc., and state the reason why you believe the identity of such person should remain confidential. 11. The term "identify" or "identity" as used herein in connection with or in reference to a company, corporation, joint venture, firm, association, partnership or other legal entity or subdivision thereof not a natural person means to state: a. State its full name, address of its principal place of business, a description of the type of entity involved, (e.g., corporation, partnership, etc.) its affiliation, including a corporation's parent, or the partner or members of the venture, and a brief description of the primary business in which such entity is engaged. the partners or officers b. the identity of the natural person or persons within the entity who were involved in the decision. act or transaction in question. 12. The term "identify" or "identity" as used herein in connection with or in reference to an oral communication, means to state in each instance: (a) the identities of the persons communicating; (b) the actual and intended recipients of the communications; (c) the identity of each person present or otherwise aware of the substance of the communication; (d) the date, time, and place it was made; and (e) the identity of any document or writing that embodies, records, reflects, or otherwise refers to such oral communication. 13. "Discussion" means oral communication. 14. "And" means "and/or" . "Or" means "and/or" 15. "All" means "any and all". "Any" means "any and all" 16. "The incident or occurrence" refers to the action upon which the claim is based as set forth in the complaint. 17. "Relevant period" refers to that time period during which Plaintiff and Defendant were engaged in any transaction or any negotiations or occurrences upon which a transaction arose from. 18. "Each" means "each and every". "Every" means "each and every". INSTRUCTIONS 19. These interrogatories and requests to produce are to be answered pursuant to the provisions of Pa.R. C. P. 4003 et seq. Please take notice that the plaintiff hereby requests that you produce at the offices of the undersigned, the attorney for the Plaintiff, within thirty (30) days after the service of this notice upon you, documents and things listed below pursuant to rule 4009 of the Pennsylvania Rules of Civil Procedure. 20. These interrogatories and requests to produce are continuing and any information secured subsequent to the filing of your answers is to be furnished by supplemental response pursuant to Pa.R.C.P. 4007.4. 21. You must serve answers to these interrogatories and requests to produce on the undersigned counsel within thirty (30) days after the serve of the interrogatories upon you or your counsel. 22. Plaintiffs hereby reserve the right to serve further interrogatories or requests for production of documents and pursue any other available discovery. 23. The use of the masculine shall include the feminine and neuter and vice versa. The use of the singular shall include the plural and vice versa. 24. Where exact information cannot be furnished, estimated information is to be supplied. Where an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. 25. If any document was, but no longer is in your possession or subject to your control, state what disposition has been made of it. It is sufficient to attach a copy of the document for the purpose of answering these interrogatories. 26. If you claim any privilege not to answer, identify each matter as to which the privilege is claimed, the nature of the privilege, and the legal and factual basis for the claim of privilege. 27. If a refusal to answer an interrogatory or request to produce documents is based on the grounds that it is unreasonably burdensome, please identify the number and nature of the documents needed to be searched, the location of the documents, and the number of person-hours and costs required to conduct the search. 28. In answering these interrogatories the defendant must furnish all requested information, not subject to a valid objection, that is known, possessed by, or available to him or any of his attorney's, consultants, representatives, agents, employees, or contractors. 29. Ifthe defendant is unable to answer fully any of these interrogatories, he must answer them to the fullest extent possible, specifying the reason(s) for his inability to answer the remainder, and stating whatever information, knowledge, or belief he has concerning the unanswerable portion. 30. Where the answer to an interrogatory may be derived or ascertained from the records of the defendant, legible copies of such records may be sent to the plaintiff in lieu of answering such interrogatory. Each record sent shall bear the notation that it is being sent in answer to a particular interrogatory. GENERAL INTERROGATORIES TO DEFENDANTS-SET I 1. Is Harrisburg Taxicab and Baggage Company a proprietorship, partnership or corporation? In answering please state: a. January 29, 2004. Corporation name or partners names from January 1, 1999 through b. State of incorporation; c. Whether it is doing business in Pennsylvania; d. Principal place of business; e. Complaint; and Name of corporate officers at time of incident referred in Plaintiff's f. Name of corporate officers at present time. g. Name of partners and the dates when they were partners. h. Identify the relationship between Clyde Bachert and Harrisburg Taxicab & Baggage Co. 2. Were the telephone bills or advertising bills sent to Defendant addressed to "Clyde Bachert tla HBG Taxicab & Baggage Co. "? 3. Identify all payments made by defendant to plaintiff from December 1, 1999 through April 28, 2004 to pay for advertising. 4. Is it Defendant's contention that it did not enter into contracts with the Plaintiff. 5. Is it Defendant's contention that it has paid Plaintiff for all advertising it purchased. 6. In regard to the 2001 Harrisburg MET PA advertising as set forth in Plaintiffs complaint, please answer the following interrogatories: A. Did Advertising appear for the Defendant in said issue or directory. B. Was the advertising authorized by Defendant. c. Did Defendant agree to pay for said advertising D. How much did Defendant agree to pay for said advertising. E. How much has Defendant paid for said advertising. Identify all said payments by check number, amount and date. F. Were there any errors or omissions in said advertising. G. Identify all errors or omissions. 7. In regard to the 2001 Hershey PA advertising as set forth in Plaintiffs complaint, please answer the following interrogatories: A. Did Advertising appear for the Defendant in said issue or directory. B. Was the advertising authorized by Defendant. C. Did Defendant agree to pay for said advertising D. How much did Defendant agree to pay for said advertising. E. How much has Defendant paid for said advertising. Identify all said payments by check number, amount and date. F. Were there any errors or omissions in said advertising. G. Identify all errors or omissions. 8. In regard to the 2001 York PA advertising as set forth in Plaintiffs complaint, please answer the following interrogatories: A. Did Advertising appear for the Defendant in said issue or directory. B. Was the advertising authorized by Defendant. C. Did Defendant agree to pay for said advertising D. How much did Defendant agree to pay for said advertising. E. How much has Defendant paid for said advertising. Identify all said payments by check number, amount and date. F. Were there any errors or omissions in said advertising. G. Identify all errors or omissions. 9. In regard to the 2000 Harrisburg MET P A advertising as set forth in Plaintiff s complaint, please answer the following interrogatories: A. Did Advertising appear for the Defendant in said issue or directory. B. Was the advertising authorized by Defendant. C. Did Defendant agree to pay for said advertising D. How much did Defendant agree to pay for said advertising. E. How much has Defendant paid for said advertising. Identify all said payments by check number, amount and date. F. Were there any errors or omissions in said advertising. G. Identify all errors or omissions. 10. In regard to the 2000 Harrisburg PA advertising as set forth in Plaintiffs complaint, please answer the following interrogatories: A. Did Advertising appear for the Defendant in said issue or directory. B. Was the advertising authorized by Defendant. C. Did Defendant agree to pay for said advertising D. How much did Defendant agree to pay for said advertising. E. How much has Defendant paid for said advertising. Identify all said payments by check number, amount and date. F. Were there any errors or omissions in said advertising. G. Identify all errors or omissions. 11. Was Defendant provided copies of all contracts entered into with Plaintiff. 12. Identify the accounts payable clerk for Defendant from January 1, 2000 through April 28, 2004. 13. Identify Defendant's current accounts payable clerk. 14. State the name and home and business addresses of all persons who you intend to call as witnesses at trial. 15. State the name and home and business addresses of all persons you expect to call as expert witnesses at trial. 16. Describe what exhibits Defendant intends to enter into evidence or use at trial. 17. Describe all materials Defendant used or referred to in answering Plaintiff's interrogatories. 18. Identify all entities or persons using 717-737-3699 from January 1,2000 to present. 19. Identify all entities or persons using 717-730-4043 from January 1, 2000 to present. 20. Did you authorize any entity or persons to use the telephone number provided by Plaintiff. a. If yes, did you inform Plaintiff that the other person or entity was using said number. 1. If yes, identify how you notified Plaintiff. 21. Did you ever request that Plaintiff change the entity or person to be billed for the advertising at issue or for telephone bills. a. If yes, identify how you so notified Plaintiff. 22. State the name, title or position, office and residence address of all individuals, employees, officers, agents or representatives of defendant who assisted in any way in answering these interrogatories. 23. Were you or any of the witnesses named in these interrogatories ever convicted of a crimen falsi crime? If yes, set forth the name of each person convicted for such a crime and as to each, the name of the crimes, state or county where they were convicted and date of each conviction. AMATO & MARGLE, P.C. By: fh/ //~.. . .~/ Ronald Amato Attorney ID #3 23 Michael Kennedy Attorney ID #72412 Attorneys for Plaintiff 107 N. Commerce Way Bethlehem P A 18017 (610) 866-0400 " c~ ~:_-;; t-o..> 5; <- ~~ L, -", -< o -Tl ~ :.::~;: .-1 :C,.., ["11,=':- -0 1-;1 ""-.0 ';'j':~ (-~ :.~ ~;~t"Cl \D N o ~~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES CORP. Plaintiff No. 04-1283 Civil vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendant(s) PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT The above Plaintiff brings files the within motion to enforce a settlement agreement reached in the above matter and in support thereof states the following: 1. Plaintiff filed suit against Defendant by complaint on March 25, 2004. Plaintiff's suit against Defendant is based on Defendants failure to pay for advertising in Plaintiffs Yellow Pages. 2. Defendant filed an answer and new matter to Plaintiffs complaint. 3. The parties, through counsel, engaged in settlement discussions. 4. On July 22, 2004 Defense counsel on behalf of Defendant made an offer of settlement to Plaintiff. 5. The Defendant offered to settle the matter by paying $10,000.00 to Plaintiff which would be paid by way of one payment of $5000.00 by August 10,2004 and one payment of $5,000.00 on September 10, 2004. 6. On July 23, 2004 Defendant's offer was accepted by Plaintiff and the parties' agreement was memorialized by Plaintiff's counsel's letter. A true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "A". :. 7. Defendant's counsel confirmed said agreement in writing on July 26, 2004. A true and correct copy of which is attached hereto, made a part hereof, and marked Exhibit "A". 8. Defendant failed to make the agreed payments. 9. Defendant has breached the settlement by not paying said settlement.. 10. Plaintiff requests that the court enforce the settlement and enter judgment against the Defendants in the amount of $10,000.00 plus attorney's fees and costs. 11. Plaintiff also requests sanctions against Defendants for failing to abide by the terms of the settlement for dilatory, vexatious and obdurate behavior during the pendency of the suit. WHEREFORE, Plaintiff respectfully requests that judgment be entered against the Defendants in the amount of $10,000.00 together with the continually accruing interest charge at the statutory rate of 6.00% per annum from date of judgment, costs of suit and all other relief to which Plaintiff may be justly entitled. AMATO AND MARGLE, P.C. By: RonailJriJ iy Attorney I.D. No. 32323 Michael J. Kennedy Attorney I.D. No. 72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, P A 18017 (610) 866-0400 I..A W OfFICES OF AMATO AND MARGLE, p.e. ~ SUITE 100, COMMERCE SQUARE 107 NORTH COMMERCE WAY BETHLEHEM, PA 18017-8930 TELEPHONE (610) 866-0400 FACSIMILE (610) 866-9155 RONALD AMA TOt STANLEY J. MARGLE, lIlt MICHAELJ.KENNEDYt KRISTOPHER T. SMULL t MICHAEL R. LESSAt or COUNSEL: JEFFREY H. LEVItt Margie Direel Dial: (610) 865-9970 Margie Voice Mail: (610) 366.2484 Margie E~j"fail: smarglc@ammolaw.com Genera) E-Mail: cmail@am~uolaw.com tAdmilled PA Only ttAdmilled MD and DC Only FORWARDED VIA FACSIMILE AND REGULAR MAIL TO (717) 238-0592 July 23, 2004 Steven K. Bainbridge, Esquire Killian & Gephart, LLP 218 Pine St., PO Box 886 Harrisburg PA 17108-0886 Re: VERIZON DIRECTORIES CORP. v . CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. Court of Common Pleas of Cumberland County Civil Action No.: 04-1283 Civil Our File #: 2031663 Dear Mr. Bainbridge: This letter will confirm that our client, Verizon Directories Corp. has agreed to accept from your clients, Clyde Bachert and Harrisburg Taxicab and Baggage Company, $10,000.00 in full settlement of the above-captioned civil action for unpaid yellow page directory advertisements, payable as follows: $5,000.00 on August 10, 2004 and; $5,000.00 on September 10, 2004 After the settlement is fully funded, we will dismiss the suit with prejudice and provide your office with a time-stamped copy of our Praecipe accomplishing same. You are no longer required to comply with any outstanding discovery requests from our office provided your client remains in compliance with the terms and conditions of this settlement. In order to insure proper credit, both checks under this aqreement are to be made pavable to "Ronald Amato - Attv for Verizon Directories Corp." and forwarded to our Bethlehem office. If you have any questions regarding the aforementioned, please do not hesitate in contacting our office. As time is of the essence of this settlement, it is required that this settlement be funded in a timely fashion. As Verizon has agreed to accept, pursuant to the terms and conditions of this settlement, an amount less than the full principal balance plus collection charges, they reserve the right to require COD payment terms on all future advertisements requested by your client until and unless any compromised balance is paid. I A verY~rUIY Yo~~ AMATO r/:/. RG , P.C. By: VP7~ Ronald Amato EXHIBrr 203 /Ulf 3 DAL ; 10'd ll:J10.l . '. ..' ""'''''''' . . " ;' . "" . . .(! ,', .', ,", " TIlE LAW FIRM OF KILLIAN & GtI'HART, LLP 218 PINE STREET . P. O. BOX 886 . HARRISBURG, PENNSYLVAN1A 17108.0886 , ~o~,~~~:SCtlft. . . " ~~NE:(lOY.'ltN P,1itjINv .' . 1'11ll.IU~'N(\~J,~i~WAN.. ,,'i'1j"'l~'l$lvY';': : ;:' I\~lC.~;J,O'CONN01\ " ~ltAn.1SP{ F~uii" . ..;; .S.fE'....t;N.~. IlA:lNll'Ri09E TELEPHONE (717) 232w1851 fAXN:O. (717) 238-0592 www.killiangq,hart.coDl orC(t\Inael; JOHN D. KlWAN SMITH 8. GEPHART July 26, 2004 . '..' ., , ROG.aI~l :Aili~();,Esqu.ire '~mat9.'~:!MiU:gle~' p ,C, o .stii.e:~OoiCoxrUrie.rce'Square , 'l();tN011bP~lifin~ Way ',,'. aethl~hetnfPA18017-8930 by first class mail & fax (610) 866-9155 :".' . . .. . " , R~: ' ':'Vnkim~DIr~ct!iryServ;ceS" PA v. Clyde Bachert , , ' '! YOIl,. Fiie '#293 1663 ' , , Deat Artntney,Amato: , ,This Jetter will confl1111 that my clients, Clyde Bachert and Harrisburg Taxicab & Baggage Company, have agreed to offer your client $10,000 to satisfy the dispute flIed in '. Cutriberland County, Pennsylvania, docketed to number 04-1283 Civil, regarding unpaid . directory- advertisements., Acceptance ofrny client's settlement offer was indicated in YPUt' July.23,,20041e<<.er, which indicated payment tenns of$5,000 on August 10, 2004, " at\d $)1000 on September 10,2004. My clients accept your settlement tenns and shall "1l1ake'the payments as' agreed by certified check payable to "Ronald Amato - Attorney for ..'Venten D;tectotyCorp.n which wiUbe deli.vered by overnight courier to your offices. , .. . I ~clmowledgeas part of the settlementtenns Verizon Directory Services' . ',. ~q1Ji~en~ th,*t:any futur~ advertisements by my clients will be on a cash-on-delivery . basis Jintil the' compJ;'omised balance is paid in full, If you have any questions regarding any of the above~ p1ease contact me. ::" skB!p~e :' "~>' ..., ' . "'~:::""::Mr:S1Y~ B~bh.ert , 7~~ .lJn . t/ Steven K. Bainbridge EXHIBIT ,I rs I T.lil/T.Ot'~ 7'::;<:01 ~\:'7 ).v. I~~~~~ ~ NHT"T~ Otp:qT. pOt0t7-q7-,nr o r~ '"=:~ ~-~r1 ; :"^ ~ I.,i,,- r:: - 'l~" .'~ , , 4-. -) i> S~; :j -" 1..0 f\-' o ; ~ = = <;;.;, L :r:--~ :;;r;: o II --I ::T: .., r~ nl i'c~ -:-1rr-. ':'0 ~..::S rS ":~j . r', ~~~ ~1 -,~~ :r> -'........ -.... .() ~-~ VERIZON DIRECTORIES CORP., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 04-1283 CIVIL CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY t1a HARRISBURG TAXICAB AND BAGGAGE CO" Defendants IN RE: PLAINTIFF'S MOTION TO COMPEL ORDER AND NOW, this f</ ~ day of January, 2005, an argument on the plaintiffs motion to compel is set for Thursday, March 3, 2005, at I :30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Ronald Amato, Esquire For the Plaintiff K,~~,1 ~ I .r..~,~ 1-/ r; -tJ5' c;L, Steven K. Bainbridge, Esquire For the Defendants :rlm ,;"') ~'i ('~..l ,'Y ::- -;:::'~ ';..:-....) J', <';;:~?, r.;:'-~ '~;'.. ~--., 7) - VERIZON DIRECTORIES CORP.,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION .- LAW 04-1283 CIVIL CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY, tla HARRISBURG TAXICAB AND BAGGAGE CO" Defendants IN RE: PLAINTIFF'S MOTION TO ENFORCE SETTLEMENT AGREEMENT ORDER AND NOW, this /'1' day of January, 2005, a hearing on the plaintiffs motion to enforce settlement agreement is set for Thursday, March 3, 2005, at 11 :00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, '. ,4/J Ronald Amato, Esquire For the Plaintiff Steven K. Bainbridge, Esquire For the Defendants ,(~ fYV\A~--< I -, <j .0'; cf~ . :rlm \~,"'" '.-), '.J '- '\' ,~.~~(' f\N;'7 "~ \',;; i ") ,j J'J ,I,'; l\." ',\,', - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES CORP. Plaintiff No. 04-1283 Civil vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVII_ ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Motion to Compel Defendant to Answer Plaintiff's Interrogatories and Production of Documents and Order of Court of January 14, 2005 scheduling argument for March 3. 2005 at 1 :30 p.m. in Courtroom Number 4 of the Cumberland County Courthouse was served via first class mail. postage prepaid on January 21, 2005: Steven K. Bainbridge, Esquire Killian & Gephart, LLP 218 Pine St., PO Box 886 Harrisburg PA 17108-0886 AMATO AND MARGLE, P,C, BY:_~9 Ronald Amato, Atty ID #32323 Michael Kennedy. Atty ID #72412 Michael Lessa. Atty JD #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PAI8017 (610) 866-0400 (..-- ~.;~:~ (~) --- o COURT OF q)MMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES CORP. Plaintiff No. 04-1283 Civil vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab 8. Baggage Co. CIVIL ACTION Defendant(s) CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of Plaintiff's Motion to Enforce Settlement Agreement and Order of Court of January 14. 2005 scheduling argument for March 3, 2005 at 11 :00 a.m. was served via first class mail, postage prepaid on January 21, 2005: Steven K. Bainbridge, Esquire Killian 8. Gephart, LLP 218 Pine St., PO Box 886 Harrisburg PA 17108-0886 AMATO AND MARGLE, P.C, BY:~~? - Ronald Amato, Atty ID #32323 Michael Kennedy. Atty ID #72412 Michael Lessa. Atty ID #88617 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 ,-, ';:;:'::1 .;.:;;..J ';;:"';'\ <- ",,"",- -">,- '-" - -,", f:.J C.? - - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERlZON DIRECTORIES CORP. , Plaintiff No. 04-1283 Civil vs, CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendant( s) PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY, CUMBERLAND COUNTY: Pursuant to the attached Stipulation of Parties, kindly enter judgment in favor of Plaintiff and against the above-named Defendant as follows: Debt $10,000,00 Payments $ 2,000,00 Total $ 8,000.00 1 CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE ATTACHED STIPULATION, Dated: May 5, 2005 Amato and Margie, P,c' B~~ Ronald Amato Attorney 1.0, No, 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW , VERIZON DIRECTORIES CORP. Plaintiff No, 04-1283 Civil vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendant( s) CERTIFICATION OF ADDRESSES I do certify that the precise last known address of the within named Plaintiff is: 200 Business Park Drive ARMONK NY 105041712 I do certify that the precise last known address of the Defendant is: 1130 Chambersburg Road Gettysburg PA 17325 Amato and Margie, P.C. BY:/~ , Ronald Amato Attorney J.D. No, 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem PA 18017 (610) 866-0400 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VERIZON DIRECTORIES CORP. Plaintiff No. 04-1283 Civil vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendantlsl AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA; COUNTY OF NORTHAMPTON: The undersigned, being duly sworn, according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers and Sailor' Civil Relief Act of Congress of 1940 as amended; That Clyde Bachert is over 18 years of age, resides at 1130 Chambersburg Road, Gettysburg PA 17325 and is employed as Harrisburg Taxicab & Baggage Co. ~~ " Sworn to and subscribed before me this l\..""day of Mc>-\ 2005 A.D. r;, NOTAR P BLlC NOTARIAL SEAL GEOFFREY G SCHOENECK Nt~.i;:" y f-' . ,~;,~ HANOVER TOWNSHIP, NOH I HAMPTON CNTY My Commission Expires Mar 29, 20Q8 . . ~ENT ~Y: AMATO AND MAAGLE, P.C.; B10 eBB 9155; .' COURT OF COMMON PLEAS OF CUMB CIVIL ACTI VERlZON DIRECTORIES CORP. Plaintiff vs, CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGA.GE COMPANY trading as Harrisburg, Taxicab & :&aggllge Co. Defendant(sl STIvm ,,.,'{'!ON 01' PART!ES 1'. IN FAVOR OF PLAINTIFF MAA-2-05 3:43PM; PAGE 2/2 ANDCQUNTY, PENNSYLVANIA -LAW No. 04-1283 Civil CIVIL ACTION . R ENTRY OF Jt'l'lGMBNT GAINST DEFENDANTS The PlainrIff. VERIZON DIRECTORIES C RP. by and throug\l.it~ c_~,A~* Margie. p.e.. and the Defendants, CLYDE BAC T and HARRISBURG TAX1C*8 AND BAGGAGE COMPANY trading as Harrisburg, T !cab & Baggage Co. by and through counsol, Steven K. Bainbridge. Esquire, hereby stipulate tho 2nd day of March 2005 as follows: 1. That jUdgment may be entered in favor of Plaintiff agllinst the above named DefenilaIlls for $10,000.00 by agreement upon Praecipe by the Plain 'ff. 2. Plaintiff may, without notice to Defendant r iLl counsel, immediately file a Praecipe fur a Writ of Execution to recover the full remaining balan e of the above judgment, 3. Com excused. Amato and Mar.le, C ""p.' By: C---. Ro Amato Atto ys for Plaintiff 107 . Commerce Way, Ste. 100 Beth hem PA 18017 (610866..()4()() POSE & Shell By: fA; )\l\ClS Stev n K. Bainbridge, Esquire Alto y for Defendant 240 randview Road CA P IDLL PA 17011 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . VERIZON DIRECTORIES CORP. , Plaintiff No, 04-1283 Civil vs. CLYDE BACHERT and HARRISBURG TAXICAB AND BAGGAGE COMPANY trading as Harrisburg, Taxicab & Baggage Co. CIVIL ACTION Defendant( s) NOTICE OF JUDGMENT (XX) NOTICE IS HEREBY GIVEN THAT A JUDGMENT IN THE ABOVE CAPTIONED MATTER HAS BEEN ENTERED AGAINST THE ABOVE NAMED DEFENDANT(S) IN THE AMOUNT OF $8,000.00 ON f'rl..d.( JI ,2005, () A COpy OF ALL DOCUMENTS FILED WITH THE PROTHONOTARY IN SUPPORT OF THE WITHIN JUDGMENT IS/ARE ENCLOSED, COUNTY Per: If you have any questions concerning the above, please contact the undersigned. Amato and MargIe, P.C, B~~ Ronald Amato Attorney I.D. No, 32323 Attorneys for Plaintiff 107 North Commerce Way Bethlehem PA 18017 (610) 866-0400 40,- o -:-0 'C~'lO l0, \) i::- - ~ -V B1::BF- ..!) ~ 1- ~ ..t::: ~ 'b' ~ ,,' r-..' () <'C; ~n c~ ~ .--4 <.." --r h"'\ _-e::. ~r-, ::.- ,;:: 'J1 - - Steven K. Bainbridge, Esquire P.A. Attorney 1.0. 91018 17 North Second Street 12t11 Floor Harrisburg PA 17101-1601 (717) 612-6013 (717) 731-1985 (fax) sbainbridge@postschell.com Verizon Directories Corp., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Docket No. 04 -1283 Civil Clyde Bachert, and Harrisburg Taxicab & Baggage Company Defendants Civil Action - Law Jury Trial Demanded PETITION TO WITHDRAW APPEARANCE 1. The Law Firm of Killian & Gephart, LLP, and Steven K. Bainbridge, Esquire, (previously of The Law Firm of Killian & Gephart, LLP and now with the law firm of Post & Schell, P.C.) hereby petition this Honorable Court for leave to withdraw our appearances on behalf of Defendants. 2. The whereabouts of the parties on whose behalf the appearance was entered, Defendants Clyde Bachert and Harrisburg Taxicab & Baggage Company, are known: Clyde Bachert, Jr. Harrisburg Taxicab & Baggage Company 1130 Chambersburg Rd. Gettysburg, PA 17325 3. Steven K. Bainbridge, Esquire represented Defendants while employed at Killian & Gephart in this breach of contract claim involving $39,000 in phonebook advertising charges from 2000 and 2001, as well as $28,000 in interest and penalties. 4. When attorney Bainbridge moved from Killian & Gephart to Post & Schell on March 1,2005, Defendants choose to transfer representation to Post & Schell, P.C., but have since declined to do so. 5. Post & Schell has not entered its appearance in this matter. 6. The case presently stands where the Defendants have stipulated to a Judgment of $10,000, and upon full payment, the Plaintiffs will dismiss this matter. 7. Given that Plaintiff will move to enforce the stipulated judgment if payment is not made, withdraw of our appearances will not delay this proceeding. 2 8. If this Honorable Court grants leave to withdraw, Steven K. Bainbridge, Esquire will promptly serve the Order granting leave to withdraw on Defendants and counsel for Plaintiff. 9. The Court empowered to grant leave to withdraw our appearances pursuant to Pa.R.C.P. 1012(b), (c), and (d). WHEREFORE, The Law Firm of Killian & Gephart, LLP, and Steven K. Bainbridge, Esquire, hereby request that this Honorable Court grant leave to withdraw our appearances on behalf of Defendants Clyde Bachert and Harrisburg Taxicab & Baggage Company. ~ <. LOoS Dated: 'I 'u-1 I Respectfully Submitted, J;4t1Jh-- Steven K. Bainbridge, Esquire PA Attorney 1.0. # 91018 17 North Second Street 1 zth Floor Harrisburg PA 17101-1601 (717) 612-6013 (717) 731-1985 (fax) sbainbridge@,stschell.cOQ'l / /J e A Att ney 1.0. # A,yiJ 7- 3 Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg PA 17108 (717) 232-1851 (717) 238-0592 (fax) jpenny@killiangephart.com 3 CERTIFICATE OF SERVICE I, Steven K. Bainbridge, Esquire do hereby certify that I caused a true and correct copy of the foregoing document(s) to be served upon the following designated person(s) by placing the same in the United States Mail, First Class Delivery, on the date set forth below. Ronald Amato Amato and Margie, P.C. Suite 100, Commerce Square 107 North Commerce Way Bethlehem, PA 18017-8930 Clyde Bachert, Jr. 1130 Chambersburg Rd. Gettysburg, PA 17325 Respectfully, AA Date: \"'''1 1 \ L \)C) <) Steven K. Bainbridge, Esquire 4 (") (;; ~ ~ d' <- c::: :;t:: I -' (.'.i C -? 1--. --I -<. ~ ~~ ~~ :1:-;1 <2B ~...':': ~ rf\ 9 - UJ ~ UJ -0 :> VERIZON DIRECTORIES CORP. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 04-1283 CIVIL CLYDE BACHERT, and HARRISBURG TAXICAB & BAGGAGE COMPANY, Defendants JURY TRIAL DEMANDED IN RE: PETITION TO WITHDRAW APPEARANCE OF KILLIAN & GEPHART, LLP AND STEVEN K. BAINBRIDGE, ESQUIRE ORDER AND NOW, this 10' day of June, 2005, a rule is issued on all parties to show cause why the relief requested in the within petition to withdraw appearance ought not to be granted. This rule returnable ten (10) days after service. BY THE COURT, V1NVA1ASi\iN]d I 'l' In'~ <" ,-" '.<.".' ,!,In..... A t\; p,~,r, ." ""::'~i; \j( Iv 21 :+] Wd 0 I Nnr SOUl A'l...l'..J1 ni.IO"'" (')V -' :iHl' JO I..,V.l.l.)I, M.l.-.uO.... :J 30!::l::!(}-(Elll:i ~ -_._"._~-,..-._-~-_.__.._----_.. RECEIVED JUL 112005 { Verizon Directories Corp., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Docket No, 04 -1283 Civil Clyde Bachert, and Harrisburg Taxicab & Baggage Company Defendants Civil Action - Law Jury Trial Demanded ORDER AND NOW, this /1: day of 1.J; , 2005, upon consideration of the Motion to Make Rule Absolute, the Petition to Withdraw Appearance is hereby GRANTED, The appearances of Killian & Gephart, LLP and Steven K. Bainbridge, Esquire on behalf of Defendants Clyde Bachert and Harrisburg Taxicab & Baggage Company are hereby WITHDRAWN. Steven K. Bainbridge, Esquire will promptly serve a copy of this Order on Plaintiff Verizon Directories Corporation, Defendants Clyde Bachert and Harrisburg Taxicab & Baggage Company, and Killian & Gephart, LLP. BY THE COURT: ~j , J, Distribution: Steven K. Bainbridge, Post & Schell, 17 N nd St., 12th Fl., Harrisburg PA 17101 1~1}-or ~ ~ N:? ,'"._.,:,'_,t"',,,""- . " '~.' 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